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Divorce Questions & Answers

1 Answer | Asked in Child Custody and Divorce for Kentucky on

Q: My husband left the state and no current address. We have 3 kids. Can I get sole custody since he abandoned them?

He has no plans on returning. Does want to video chat them. How long would the divorce custody take since he left?

Timothy Denison answered on Aug 23, 2019

You can get divorced and temporary custody by virtue of a warning order attorney without him actually being served. However, he will need to be personally served with the petition before a permanent custody order can be entered.

1 Answer | Asked in Divorce for New Jersey on

Q: I was granted order to publish divorce by publication. Do i send newspaper summons and complaint or just summons?

Leonard R. Boyer answered on Aug 23, 2019

No, you have to send both the Summons and Complaint. But, you would be much better off retaining an experienced matrimonial attorney. You are emotionally involved and have no idea of how to represent yourself.

1 Answer | Asked in Divorce for California on

Q: Am I entitled to half of my husband's half of a boat business that he is 50% partner in? We have been married 33 years.

After 33 years my husband and I separated 2 years ago. He now lives with our youngest daughter, her 2 daughters and her current boyfriend, and they kicked me to the street, so I have been living in my car. Is this something that he can legally do? Also, he is 50% partners in a hull cleaning... Read more »

Sanjoy Kumar Guha answered on Aug 23, 2019

yes 50% share and also entitled for maintenance

1 Answer | Asked in Divorce, Estate Planning and Elder Law for Texas on

Q: Is spouse's Defined Benefit Pension part of QDRO? Even though spouse selected single life annuity & no death benefits?

Terry Lynn Garrett answered on Aug 22, 2019

What will go into the QDRO is a matter of negotiation.

1 Answer | Asked in Divorce, Estate Planning and Elder Law for Texas on

Q: Texas--Elderly parents retired & divorcing. Is wife entitled to husband's defined benefit pension plan?

Husband chose single life annuity monthly payments on his pension so he is currently receiving 100% pension payments. His pension will end at his death so wife will get nothing. Can wife claim part of his monthly pension payments when divorce is completed? Or can wife claim lump sum payment based... Read more »

Terry Lynn Garrett answered on Aug 22, 2019

The safest way to handle this may be to get a Qualified Domestic Relations Order as part of the divorce decree.

1 Answer | Asked in Divorce and Family Law for North Dakota on

Q: Do grandparents have the right to call grandkids? We are told we cannot by sons exwife.

Son in a nasty divorce in WA state. Soon to be ex-wife has moved to MT with kids. We live in ND. She will not let us call or talk to our grandchildren and won't allow them to call us. Is there anything we can do?

Gregory William Liebl answered on Aug 22, 2019

I am a family law attorney in North Dakota. I believe you will need talk to an attorney in Washington, if that is where the divorce is located.

1 Answer | Asked in Divorce for Nebraska on

Q: What do I do if an ex didn't follow a divorce decree item?

I went through a divorce. It was in the settlement that my ex would take responsibility of the line of credit and credit card. My name was to be off within 120 days of divorce decree. I was told it was off. He quit/lost his job. He's not paying the bills and my name is still on there because my... Read more »

Julie Fowler answered on Aug 21, 2019

If a party does not follow a divorce decree, you can file a contempt action to ask for the court's assistance in enforcing the Decree.

1 Answer | Asked in Divorce for Florida on

Q: I have my first court hearing on divorce today I need more time. How to

I didnt get a chance to fill out forms and I want to contest it and it is labeled as uncontested how can I motion to change it?

Rand Scott Lieber answered on Aug 21, 2019

You need to ask at the hearing today for more time and explain why you need it.

1 Answer | Asked in Divorce for North Carolina on

Q: I filed divorce in Wake Country and my ex filed a 30 day extension but never responded after that.What do I do now?

Amanda Bowden Houser answered on Aug 21, 2019

You should have hired an attorney - it likely would have been cheaper and you wouldn't have had to bother schlepping to court or dealing with surprises. Typically, in Wake county if the 30 day extension has expired, you will likely need to file a Motion for Default Judgment (also called a Motion... Read more »

2 Answers | Asked in Divorce for Florida on

Q: My husband isn't a father of my child. He signed affidavit of non-paternity. Do we qualify for simplified divorce in FL?

I had a child while being married to my husband (after we got separated). Now we both would like to end our marriage as soon and easy as possible. He signed affidavit of non-paternity. Can we file for simplified divorce in Florida and state that we don't have kids on the petition?

Mr Eric Klein answered on Aug 21, 2019

Yes, however, the judge may require that Paternity be established by the biological Father prior to granting you a judgment for dissolution of marriage. Good luck!

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1 Answer | Asked in Divorce for Oregon on

Q: We divorced May 2, 2019. He came with guns most inherited. I don't have a problem with him keeping family guns.

Insurance paid us for guns after house fire. Check was in both names. I say they're mine, as well. I want 2 guns.

Joanne Reisman answered on Aug 20, 2019

You are divorced. Once you are divorced the property division is FINAL. You can't change it now. I am assuming you got divorced first, fire second. But seriously, you can buy a gun or two much cheaper that pay an Attorney to fight over this. Just go buy your guns and be done with it. As... Read more »

1 Answer | Asked in Divorce and Immigration Law for California on

Q: After marring my husband he decided not to proceed with the process of applying for my permanent residence...?

Hello I have been living in the US for almost 10years now. I came in with a k1- fiance visa. I married my husband within the 90 day period. After marring my husband he decided not to proceed with the process of applying for my permanent residence (adjustment of status). We had our 2 children... Read more »

Kyle Persaud answered on Aug 20, 2019

You are the victim of spousal abuse. The Violence Against Women Act (VAWA) will allow you to apply for a green card without your abusive spouse petitioning for you. This process exists so that non-citizens will not have to be dependent on an abusive spouse, in order to stay in the U.S.

To...
Read more »

1 Answer | Asked in Child Support and Divorce for New York on

Q: Can I sue my ex husband the father of my son after 16 years for arrears child support in NYS?

He stopped paying when the son was 18 y o.

Lawrence Allen Weinreich answered on Aug 20, 2019

The short answer is yes you can. The statute of limitations for back child support was increased to 20 years.

1 Answer | Asked in Divorce for Florida on

Q: I am a single parent who works at Walmart. I need a divorce. It will be uncontested with no assets. What is my cheapest

Option.

Mr Eric Klein answered on Aug 20, 2019

The most inexpensive way to go is to go to the courthouse and purchase a Dissolution of Marriage kit. It costs about $25.00 and you can do it yourself. Alternatively, for about $300 to $500, you can go on-line and look for a Dissolution of Marriage form preparer . Good luck!

1 Answer | Asked in Child Custody and Divorce for Georgia on

Q: In the state of Georgia, can a parent legally take their children and not allow other parent to know where they’re at?

No papers or anything have been filed. One parent has moved out leaving the stay at home mom and children home. The father says he can take the children where he wants and doesn’t have to tell the mom where they’ll be. Can a father do that? Or do they have to tell the location so the mother knows?

Homer P Jordan IV answered on Aug 20, 2019

Are you still married, or have you divorced? It sounds as though you are still married. If that is the case, you both have equal rights at this point to take the children. It's not typically a wise thing to do, however. You should consult with an attorney right away who can review the facts of the... Read more »

1 Answer | Asked in Divorce for North Carolina on

Q: Can a divorce lawyer in NC handle a divorce from Massachusetts?

Wife with parents in Chapel Hill, NC, but husband and home is Massachusetts.

Amanda Bowden Houser answered on Aug 20, 2019

If the divorce is done in North Carolina - yes. If the divorce is done in Massachusetts then no, unless the attorney is also licensed there but even in that case travel with likely be cost prohibitive expense. If you expect the divorce to be uncontested and wife has resided in NC for at least the... Read more »

1 Answer | Asked in Divorce for Virginia on

Q: Why would I have to sign documents for my wife to register our divorce in Virginia, we divorced in New York,

We have a son that we share custody of , we came to all the agreements in NY, I have him for 10 nights a month and pay child support, he is now starting kindergarten, i’m not expecting to take him out of school, just not sure why this needs to be signed or is it a Virginia state requirement?

Michael Christopher Miller answered on Aug 19, 2019

Court orders in one state can be registered for enforcement in another state pursuant to the "full faith and credit" clause. For example, the NY order can be registered in VA, and VA courts will give full faith and credit to the NY order and enforce it as if it was a VA order.

Registration...
Read more »

1 Answer | Asked in Divorce and Child Custody for Arkansas on

Q: My husband and i havent lived together in two months. Can we start seeing other people legally?

We have two kids together.

Don Spears answered on Aug 19, 2019

Your question is more of a moral instead of legal one. According to Arkansas law if you are still married you would be committing adultery which is grounds for divorce.

1 Answer | Asked in Divorce for Tennessee on

Q: I'm filing for divorce in TN but we were married in al. Where would court be held?

Leonard Robert Grefseng answered on Aug 19, 2019

You can file in Tennessee IF you have been a resident of TN for at least 6 months. Court would take place in the county of residence.

1 Answer | Asked in Divorce and Energy, Oil and Gas for Georgia on

Q: Can I get fine for a cruelty to children-3rd degree for the first time, or can a be just dismissed

Or can I be charge with domestic violence and have to do some classes

Homer P Jordan IV answered on Aug 19, 2019

Without knowing the facts of your case in detail it's difficult to provide you with an answer. You could consult with an attorney who can review the facts of your case and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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